Erick Aguilar Ruiz v. Nationstar Mortgage LLC

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:12-cv-00272-NCT-JEP Copies to all parties and the district court/agency. [999303199]. Mailed to: Erick A. Ruiz. [13-2318]

Appeal: 13-2318

Doc: 11

Filed: 02/25/2014

Pg: 1 of 4

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-2318

ERICK AGUILAR RUIZ,
Plaintiff - Appellant,
v.
NATIONSTAR MORTGAGE LLC; NATASHA BARONE, Substitute Trustee;
HUTCHENS, SENTER, BRITTON, PA; FLICK MORTGAGE INVESTORS;
LINDSEY R. DAVIS,
Defendants – Appellees,
and
GMAC BANK,
Defendant.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
N. Carlton Tilley,
Jr., Senior District Judge. (1:12-cv-00272-NCT-JEP)

Submitted:

February 20, 2014

Decided:

February 25, 2014

Before DUNCAN, DIAZ, and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Erick Aguilar Ruiz, Appellant Pro Se.
James Scott Flowers,
HUTCHENS, SENTER, KELLAM & PETIT, PA, Fayetteville, North

Appeal: 13-2318

Doc: 11

Filed: 02/25/2014

Pg: 2 of 4

Carolina; Grady L. Balentine, Jr., Special Deputy
General, Raleigh, North Carolina, for Appellees.

Attorney

Unpublished opinions are not binding precedent in this circuit.

2

Appeal: 13-2318

Doc: 11

Filed: 02/25/2014

Pg: 3 of 4

PER CURIAM:
Erick Aguilar Ruiz appeals the district court’s order
adopting the magistrate judge’s recommendation to dismiss Ruiz’s
civil action, which was based on the foreclosure sale of his
home.
judge

The district court referred this case to a magistrate
pursuant

magistrate

to

judge

28

U.S.C.

recommended

§ 636(b)(1)(B)

granting

(2012).

Defendants’

The

motions

to

dismiss on various legal grounds and advised Ruiz that failure
to file timely, specific objections to this recommendation could
waive appellate review of a district court order based upon the
recommendation.
The
magistrate

timely

judge’s

filing

of

recommendation

specific
is

objections

necessary

to

to

a

preserve

appellate review of the substance of that recommendation when
the

parties

noncompliance.

have

been

warned

of

the

consequences

of

Wright v. Collins, 766 F.2d 841, 845-46 (4th

Cir. 1985); see also Thomas v. Arn, 474 U.S. 140 (1985).

Ruiz

has waived appellate review by failing to file objections after
receiving proper notice.

Accordingly, we affirm the judgment of

the district court.
We dispense with oral argument because the facts and
legal

contentions

are

adequately

3

presented

in

the

materials

Appeal: 13-2318

before

Doc: 11

this

court

Filed: 02/25/2014

and

Pg: 4 of 4

argument

would

not

aid

the

decisional

process.
AFFIRMED

4